Pomerantz is proud to announce a significant legal victory in our pro bono representation of Mainchance, a vital drop-in center for the homeless in New York City. Continuing our firm’s commitment to advocating for those in need, Pomerantz is happy to have helped ensure that this essential community service remains available.
Located on 32nd street off Park Avenue, close to our New York office, Mainchance has been a cornerstone of support for the homeless population in Midtown for over 35 years. Unlike traditional shelters, Mainchance operates on a first-come, first-served basis, providing overnight accommodations, meals, showers, and critical health and housing consultations. Each night, the center serves approximately 70 individuals, and its success is evident as 40% of its clients return nightly, with many ultimately finding affordable housing through the center’s assistance.
The New York City Department of Homeless Services (DHS) planned to terminate Mainchance’s contract on June 30, 2024, two years before its official end date, citing a shift in service model preferences without a clear rationale. This termination raised concerns about potential underperformance despite positive performance metrics and substantial community impact.
In response, Pomerantz filed an administrative Notice of Dispute in May, challenging the premature contract termination. DHS indicated a desire to move away from the drop-in center model but did not substantiate claims of underperformance. The Department of Social Services (DSS), DHS’s parent agency, acknowledged Mainchance’s satisfactory performance but suggested transitioning to a different service model, presumably a “Safe Haven” model.
Despite ongoing discussions to convert Mainchance to a Safe Haven facility, the city’s decision to terminate the contract seemed abrupt. Facing both uncertainty and the imminent threat of closure, Pomerantz’s team, led by Senior Counsel Marc Gross with significant contributions from associate Stephanie Weaver, filed a motion for a Temporary Restraining Order (TRO) to halt the termination.
Although the contract’s termination clause allowed the city to end the agreement “without cause,” we argued that this decision could be challenged in court if it constituted an “abuse of discretion” or was arbitrary and unreasonable, particularly given the New York State Constitutional Right to Shelter.
During the court proceedings, Pomerantz highlighted the unique and valuable role Mainchance plays, questioning why this site was targeted for closure when others with similar models remained open. The court, persuaded by our arguments, issued the TRO and scheduled a hearing for July 23, 2024, to further deliberate on the matter. This temporary injunction not only ensures Mainchance's continued operation but also provides a crucial window to address the issues through administrative appeals.
A board member for Mainchance, Marc Gross expressed gratitude for the court's understanding of the broader context of the homeless crisis and the need for dignified client treatment. The ruling highlights the importance of preserving essential services amidst New York City's ongoing homeless crisis, which has seen record-high numbers in shelters.
This legal victory exemplifies Pomerantz’s dedication to making a meaningful difference in our communities. As the case progresses, we remain committed to supporting Mainchance and ensuring that its invaluable services continue to benefit those who rely on them.
Original source can be found here.